[Download] "Blue Cross Blue Shield of Texas and Health Care Service Corp. v. Duenez" by Court of Appeals of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Blue Cross Blue Shield of Texas and Health Care Service Corp. v. Duenez
- Author : Court of Appeals of Utah
- Release Date : January 31, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Xavier Duenez was a state employee who was insured -- through the Employee Retirement System of Texas (ERS) -- by Blue Cross Blue Shield of Texas. When his daughter was seriously injured in an automobile accident, Duenez sought benefits from BCBS. Initially, BCBS certified that his daughters private nursing care was covered, but later informed him that it planned to discontinue the coverage. In response, Xavier and Irene Duenez, individually and as next friends of their daughter, brought suit in district court, seeking a declaratory judgment that the care was covered, and injunctions compelling BCBS to continue payment. The trial court issued a temporary injunction requiring BCBS to continue paying for in-home nursing services. While the suit for permanent relief was pending, the Duenezes switched insurance carriers; consequently, they non-suited all claims except the one for attorneys fees, which the trial court awarded pursuant to the Declaratory Judgment Act. See TEX. CIV. PRAC. & REM. CODE§ 37.009.
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